Chapter NR 440

NR 440.77 NR 440.77 Commercial and Industrial Solid Waste Incineration Units for Which Construction is Commenced After November 30, 1999 or for Which Modification or Reconstruction is Commenced on or After June 1, 2001. This section establishes new source performance standards for commercial and industrial solid waste incineration (CISWI) units. Some of the requirements in this section apply to planning the CISWI unit, such as the preconstruction requirements in sub. (3), and shall be completed even before construction is initiated on the CISWI unit. Other requirements, such as the emission limitations and operating limits, apply after the CISWI unit begins operation.

NR 440.77 Note Note: For purposes of this section “I”, “my”, “you” or “your”, refers to the owner or operator of a commercial and industrial solid waste incineration unit or the applicant for a permit to construct a commercial and industrial solid waste incineration unit, unless the context indicates otherwise. (See the definitions in sub. (2) (z) and (zm)).

NR 440.77(1) (1) Applicability.

NR 440.77(1)(a) (a) Does this section apply to my incineration unit? This section applies if your incineration unit meets all of the following requirements:

NR 440.77(1)(a)1. 1. Your incineration unit is a new incineration unit as specified in par. (b).

NR 440.77(1)(a)2. 2. Your incineration unit is a CISWI unit as defined in sub. (2).

NR 440.77(1)(a)3. 3. Your incineration unit is not exempt under par. (c).

NR 440.77(1)(b) (b) What is a new incineration unit?

NR 440.77(1)(b)1. 1. A new incineration unit is an incineration unit that meets either of the following 2 criteria:

NR 440.77(1)(b)1.a. a. Construction on the unit commenced after November 30, 1999.

NR 440.77(1)(b)1.b. b. Reconstruction or modification of the unit commenced on or after June 1, 2001.

NR 440.77(1)(b)2. 2. This section does not affect your incineration unit if you make physical or operational changes to your incineration unit primarily to comply with the emission guidelines in subpart DDDD of 40 CFR part 60. Those changes do not qualify as reconstruction or modification under this section.

NR 440.77(1)(c) (c) What combustion units are exempt from this section? The following 15 types of units are exempt from this section:

NR 440.77(1)(c)1. 1. ‘Pathological waste incineration units.’ Incineration units burning 90% or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste or chemotherapeutic waste, as defined in sub. (2), if you meet the following 2 requirements:

NR 440.77(1)(c)1.a. a. Notify the department that the unit meets the criteria of this subdivision.

NR 440.77(1)(c)1.b. b. Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste and chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit.

NR 440.77(1)(c)2. 2. ‘Agricultural waste incineration units.’ Incineration units burning 90% or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes as defined in sub. (2) if you meet the following 2 requirements:

NR 440.77(1)(c)2.a. a. Notify the department that the unit meets the criteria of this subdivision.

NR 440.77(1)(c)2.b. b. Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit.

NR 440.77(1)(c)3. 3. ‘Municipal waste combustion units.’ Incineration units that meet either of the following 2 criteria:

NR 440.77(1)(c)3.a. a. The units are regulated under s. NR 440.215, 440.216, 440.76, 40 CFR part 60 subpart Cb (Emission Guidelines and Compliance Time for Large Municipal Combustors that are Constructed on or Before September 20, 1994) or 40 CFR part 60 subpart BBBB (Emission Guidelines for Existing Stationary Sources: Small Municipal Waste Combustion Units).

NR 440.77(1)(c)3.b. b. The units burn greater than 30% municipal solid waste or refuse-derived fuel, as defined in ss. NR 440.215, 440.216, 440.76 and 40 CFR part 60 subpart BBBB, and the units have the capacity to burn less than 35 tons (32 megagrams) per day of municipal solid waste or refuse-derived fuel, if you meet the following 2 requirements:

1) Notify the department that the unit meets the criteria of this subdivision paragraph.

2) Keep records on a calendar quarter basis of the weight of municipal solid waste burned, and the weight of all other fuels and wastes burned in the unit.

NR 440.77(1)(c)4. 4. ‘Medical waste incineration units.’ Incineration units regulated under s. NR 440.218 or 40 CFR part 60 subpart Ce (Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators).

NR 440.77(1)(c)5. 5. ‘Small power production facilities.’ Units that meet all of the following 3 requirements:

NR 440.77(1)(c)5.a. a. The unit qualifies as a small power-production facility under section 3 (17) (C) of the Federal Power Act (16 USC 796 (17) (C)).

NR 440.77(1)(c)5.b. b. The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity.

NR 440.77(1)(c)5.c. c. You notify the department that the unit meets all of the criteria in this subdivision.

NR 440.77(1)(c)6. 6. ‘Cogeneration facilities.’ Units that meet all of the following 3 requirements:

NR 440.77(1)(c)6.a. a. The unit qualifies as a cogeneration facility under section 3 (18) (B) of the Federal Power Act (16 USC 796 (18) (B)).

NR 440.77(1)(c)6.b. b. The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating or cooling purposes.

NR 440.77(1)(c)6.c. c. You notify the department that the unit meets all of the criteria in this subdivision.

NR 440.77(1)(c)7. 7. ‘Hazardous waste combustion units.’ Units that meet either of the following 2 criteria:

NR 440.77(1)(c)7.a. a. Units for which you are required to get a permit under section 3005 of the Solid Waste Disposal Act (42 USC 6925) or a license under s. 291.25, Stats.

NR 440.77(1)(c)7.b. b. Units regulated under subpart EEE of 40 CFR part 63 (National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors).

NR 440.77(1)(c)8. 8. ‘Materials recovery units.’ Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.

NR 440.77(1)(c)9. 9. ‘Air curtain incinerators.’ Air curtain incinerators that burn only the following materials are only subject to sub. (13):

NR 440.77(1)(c)9.a. a. 100% wood waste.

NR 440.77(1)(c)9.b. b. 100% clean lumber.

NR 440.77(1)(c)9.c. c. 100% mixture of only wood waste, clean lumber and yard waste.

NR 440.77(1)(c)10. 10. ‘Cyclonic barrel burners.’ Cyclonic barrel burners as defined in sub. (2).

NR 440.77(1)(c)11. 11. ‘Reclamation units.’ Rack, part and drum reclamation units as the terms are defined in sub. (2) (s), (q) and (Lm).

NR 440.77(1)(c)12. 12. ‘Cement kilns.’ Kilns regulated under subpart LLL of 40 CFR part 63 (National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry).

NR 440.77(1)(c)13. 13. ‘Sewage sludge incinerators.’ Incineration units regulated under s. NR 440.32.

NR 440.77(1)(c)14. 14. ‘Chemical recovery units.’ Combustion units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for the recovered chemical constituents or compounds. The following 7 types of units are considered chemical recovery units:

NR 440.77(1)(c)14.a. a. Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process.

NR 440.77(1)(c)14.b. b. Units burning only spent sulfuric acid used to produce virgin sulfuric acid.

NR 440.77(1)(c)14.c. c. Units burning only wood or coal feedstock for the production of charcoal.

NR 440.77(1)(c)14.d. d. Units burning only manufacturing byproduct streams or residues containing catalyst metals which are reclaimed and reused as catalysts or used to produce commercial grade catalysts.

NR 440.77(1)(c)14.e. e. Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds.

NR 440.77(1)(c)14.f. f. Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas or other gases for use in other manufacturing processes.

NR 440.77(1)(c)14.g. g. Units burning only photographic film to recover silver.

NR 440.77(1)(c)15. 15. ‘Laboratory analysis units.’ Units that burn samples of materials for the purpose of chemical or physical analysis.

NR 440.77(1)(d) (d) What if my chemical recovery unit is not listed in par. (c) 14.?

NR 440.77(1)(d)1. 1. If your chemical recovery unit is not listed in par. (c) 14., you can petition the administrator to add your unit to the list as provided in 40 CFR 60.2025.

NR 440.77(1)(d)2. 2. Until the administrator approves your petition, the incineration unit is covered by this section.

NR 440.77(1)(d)3. 3. If a petition is approved, the administrator will amend 40 CFR 60.2020 (n) to add the unit to the list of chemical recovery units and the department will add the unit to par. (c) 14.

NR 440.77(1)(f) (f) How are these new source performance standards structured? The new source performance standards in this section contain the following 11 major components:

NR 440.77(1)(f)1. 1. Definitions.

NR 440.77(1)(f)2. 2. Preconstruction siting analysis.

NR 440.77(1)(f)3. 3. Waste management plan.

NR 440.77(1)(f)4. 4. Operator training and qualification.

NR 440.77(1)(f)5. 5. Emission limitations and operating limits.

NR 440.77(1)(f)6. 6. Performance testing.

NR 440.77(1)(f)7. 7. Initial compliance requirements.

NR 440.77(1)(f)8. 8. Continuous compliance requirements.

NR 440.77(1)(f)9. 9. Monitoring.

NR 440.77(1)(f)10. 10. Recordkeeping and reporting.

NR 440.77(1)(f)11. 11. Tables.

NR 440.77(1)(g) (g) Do all 11 components of these new source performance standards apply at the same time? No. You shall meet the preconstruction siting analysis and waste management plan requirements before you commence construction of the CISWI unit. The operator training and qualification, emission limitations, operating limits, performance testing and compliance, monitoring and most recordkeeping and reporting requirements are met after the CISWI unit begins operation.

NR 440.77(2) (2) Definitions. As used in this section, all terms not defined in this subsection have the meanings given in s. NR 440.02 or, for terms not defined in s. NR 440.02, the meanings given in s. NR 400.02. In this section:

NR 440.77(2)(a) (a) “Agricultural waste” means vegetative agricultural materials such as nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds, and other vegetative waste materials generated as a result of agricultural operations.

NR 440.77(2)(b) (b) “Air curtain incinerator” means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor.

NR 440.77 Note Note: Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular and fluidized bed combustors.

NR 440.77(2)(c) (c) “Auxiliary fuel” means natural gas, liquified petroleum gas, fuel oil or diesel fuel.

NR 440.77(2)(cm) (cm) “Bag leak detection system” means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter (that is, baghouse) in order to detect bag failures. A bag leak detection system includes an instrument that operates on triboelectric, light scattering, light transmittance or other principle to monitor relative particulate matter loadings.

NR 440.77(2)(d) (d) “Calendar quarter” means 3 consecutive months, nonoverlapping, beginning on: January 1, April 1, July 1 or October 1.

NR 440.77(2)(e) (e) “Chemotherapeutic waste” means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.

NR 440.77(2)(f) (f) “Clean lumber” means wood or wood products that have been cut or shaped and include wet, air-dried and kiln-dried wood products. Clean lumber does not include wood products that have been painted, pigment-stained or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol and creosote.

NR 440.77(2)(g) (g) “Commercial and industrial solid waste incineration unit” or “CISWI unit” means any combustion device that combusts commercial and industrial waste, as defined in this subsection. A CISWI unit includes the commercial or industrial solid waste fuel feed system, grate system, flue gas system and bottom ash. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit starts at the commercial and industrial solid waste hopper, if applicable, and extends through the following 2 areas:

NR 440.77(2)(g)1. 1. The combustion unit flue gas system, which ends immediately after the last combustion chamber.

NR 440.77(2)(g)2. 2. The combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system.

NR 440.77(2)(h) (h) “Commercial and industrial waste” means solid waste combusted in an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility (including field-erected, modular and custom built incineration units operating with starved or excess air) or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility.

NR 440.77(2)(i) (i) “Contained gaseous material” means gases that are in a container when that container is combusted.

NR 440.77(2)(im) (im) “Cyclonic barrel burner” means a combustion device for waste materials that is attached to a 55 gallon, open-head drum. The device consists of a lid, which fits onto and encloses the drum, and a blower that forces combustion air into the drum in a cyclonic manner to enhance the mixing of waste material and air.

NR 440.77(2)(j) (j) “Deviation” means any instance in which an affected source subject to this section, or an owner or operator of such a source, fails to meet any of the following:

NR 440.77(2)(j)1. 1. Any requirement or obligation established by this section, including any emission limitation, operating limit or operator qualification and accessibility requirements.

NR 440.77(2)(j)2. 2. Any term or condition that is adopted to implement an applicable requirement in this section and that is included in the operating permit for any affected source required to obtain such a permit.